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8.4H  TITLE IV-E, General Title IV-E Requirements, Safety Requirements


1. Is the requirement for criminal records checks extended to the staff of child-care institutions and unlicensed relative homes?


1. Question: Is the requirement for criminal records checks extended to the staff of child-care institutions and unlicensed relative homes?

Answer: The criminal records check provision does not extend to child-care facilities; the statute specifically limits this requirement to prospective foster and adoptive parents. However, in order to be an eligible provider for title IV-E funding purposes, in all cases where no criminal records check is conducted, the licensing file must include documentation that safety considerations with respect to the caretakers have been addressed. This safety documentation requirement applies to child-care institutions in every situation and to prospective foster and adoptive parents in States that opt out of the criminal records check provision. Since this provision is a title IV-E funding requirement, it does not extend to relative homes that are not licensed or approved in accordance with State licensing standards because children placed in such homes are not eligible for title IV-E funding.

  • Source/Date: Preamble to the Final Rule (65 FR 4020) (1/25/00)
  • Legal and Related References: Social Security Act - section 471 (a)(20); 45 CFR 1356.30

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